Confidential
Settlement – $385,000Court
L.A. Superior Central
Attorneys
Plaintiff
Gary N. Stern
(Gelfand & Gelfand)
Experts
Plaintiff
Patricia DiLeva
(medical)
Facts
The plaintiffs are the surviving sons of the decedent mother, age 96. She had been admitted to the defendant
nursing home on Jan. 14, 2000 in stable general medical health. Until then she had been living independently
in her own home, but, in early 2000 she had fallen and had sustained fractured ribs. Her past medical history
was significant for asthma, chronic obstructive pulmonary disease, osteoporosis, arthritis and diabetes.
After her fall, she was hospitalized in otherwise stable condition. She was stabilized in the hospital and by Jan.
14, 2000 was ready for transfer to the defendantÆs skilled nursing facility. The inter-facility transfer record
provided to the nursing home stated that the decedent was awake, alert and pleasant. After only a short time at
the defendant facility, the decedent showed signs of systematic deterioration. She was placed on psychotropic
medications which made her lethargic.
By Feb. 27, 2000, the decedent was virtually in a coma and was taken to the hospital in a severely dehydrated
and obtunded state and was suffering from an untreated urinary septic condition.
Settlement Discussions
The plaintiffsÆ premediation demand was $650,000. No offer was submitted.
Damages
Wrongful death damages and enhanced remedies under the Elder Abuse and Dependdent Adult Civil Protection Act.
Injuries
Wrongful death damages and enhanced remedies under the Elder Abuse and Dependent Adult Civil Protection Act.
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